THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSAbout the National Association for the Education of HomelessChildren and YouthThe National Association for the Education of Homeless Children and Youth (NAEHCY) is anational membership association dedicated to educational excellence for children and youthexperiencing homelessness. Our members work in early childhood programs, public schools, statedepartments of education, and community organizations to support the identification, enrollment,attendance, and success of homeless children and youth, from early childhood through postsecondary education.About the National Law Center on Homelessness & PovertyThe National Law Center on Homelessness & Poverty (NLCHP) is the only national organizationdedicated solely to using the power of the law to end and prevent homelessness. Partnering with probono attorneys, we bring high impact litigation, lead and support federal, state and local advocacycampaigns, and educate providers, advocates and the public. Our work creates homes andcommunities for families, children, veterans, elderly and disabled people experiencing homelessnessusing surplus government property, improves access to housing for domestic violence survivors andtheir children, secures education rights for children experiencing homelessness, and protects humanrights and dignity by striking down laws that prevent people experiencing homelessness from votingand that punish them for their homelessness.2 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSAbout This ResourceThis document provides answers to frequently asked questions on the McKinney-Vento HomelessAssistance Act and the education rights of children and youth in homeless situations, based on theamendments made by the Every Student Succeeds Act of 2015, which took effect on October 1,2016.1The answers are general responses based on federal statutes, regulations, and guidance; relevant caselaw; and best practices from across the country.It cannot be emphasized enough that these are general responses, and thatanswers could change based on the facts of a particular case. McKinney-Ventoissues require a case-specific inquiry.This document is meant to provide basic information and tools to assist administrators andadvocates in understanding the McKinney-Vento Act.In this document, the term “school district” is used to mean local educational agencies. The term“McKinney-Vento Act” refers only to Subtitle VII-B of the Act, the Education for HomelessChildren and Youths program (42 U.S.C. §§11431-11435). The McKinney-Vento Act is a federal lawthat supersedes conflicting state laws or local policies. The terms “McKinney-Vento children andyouth”, “children and youth experiencing homelessness” and “children and youth in homelesssituations” are used interchangeably in this document, along with the legal phrase “homelesschildren and youth,” to emphasize the fact that homelessness is a temporary, dynamic experience,and not a static condition or fixed group of people.The information contained in this document is not offered as legal advice and should not be used asa substitute for seeking professional legal advice. It does not create an attorney-client relationshipwith you.1 Updates to FAQs drafted by the National Association for the Education of Homeless Children and Youth and the National LawCenter on Homelessness & Poverty, 2017. Special thanks to Christina Endres, Amber Damerow, Cyekeia Lee, Audrey Koontz, andAbdiaziz Ahmed for their assistance and contributions.3 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSTable of ContentsDefinitions/Identification . 5Liaisons . 15School Selection . 17Transportation . 23Immediate Enrollment and Attendance . 27Issues Facing Youth . 33Supporting Academic Success. 38Private Schools and Charter Schools . 42Integration . 44Disputes and Enforcement . 45Students Receiving Special Education and Related Services. 48Title I, Part A of the Elementary and Secondary Education Act . 53Preschool and Other Early Childhood Programs . 57Access to Higher Education. 62Coordinating with HUD Homeless Assistance Programs . 66Resources. 68Glossary of Terms . 71Complete List of Questions . 72References . 844 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSDefinitions/Identification1. Do local educational agencies (LEAs) have the responsibility to identifychildren and youth experiencing homelessness?A: Yes. Every LEA must designate a liaison for children and youth experiencing homelessness whois able to carry out their duties under the law [42 U.S.C. §11432(g)(1)(J)(ii)]. The McKinney-VentoAct requires liaisons to ensure that “homeless children and youths are identified by school personnelthrough outreach and coordination with other entities and agencies” [42 U.S.C. §11432(g)(6)(A)(i)].The purpose of identification is to provide support and offer appropriate services to the family,child and/or youth. Coordination with schools, local social services agencies, and other agencies orentities providing services to homeless children and youth and their families is an essentialidentification strategy, as are professional development, awareness and training activities withinschool buildings, LEAs, and the community. See [42 U.S.C. §11432(g)(5)(A)(i)].22. Is there any guidance on what “fixed, regular, and adequate nighttimeresidence” means?A: The McKinney-Vento Act states that children and youth who lack “a fixed, regular, and adequatenighttime residence” will be considered homeless [42 U.S.C. §11434A(2)(A)]. The Act does notdefine those terms. However, the following definitions may provide guidance3:(1) Fixed: Securely placed or fastened; not subject to change or fluctuation. (Merriam-Webster’sCollegiate Dictionary, 1993.) A fixed residence is one that is stationary, permanent, and not subject tochange.(2) Regular: Normal, standard; constituted, conducted, or done in conformity with established orprescribed usages, rules, or discipline; recurring, attending, or functioning at fixed or uniformintervals. (Merriam-Webster’s Collegiate Dictionary, 1993.) Consistent. (Ballentine's Law Dictionary, 1969.) Aregular residence is one which is used on a regular (i.e., nightly) basis.(3) Adequate: Sufficient for a specific requirement; lawfully and reasonably sufficient. (MerriamWebster’s Collegiate Dictionary, 1993.) Fully sufficient; equal to what is required; lawfully andreasonably sufficient. (Ballentine's Law Dictionary, 1969.) An adequate residence is one that is2Additional strategies are available at n.pdf.An issue brief by the National Center for Homeless Education provides additional guidance and is available athttps://nche.ed.gov/downloads/briefs/det elig.pdf.35 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSsufficient for meeting both the physical and psychological needs typically met in homeenvironments.3. Is there a time limit on how long a child or youth can be consideredhomeless?A: No, there is no specific time limit on homelessness. Due to the extremely limited incomes ofmost families experiencing homelessness (on average, less than half the federal poverty line) and thesevere shortage of affordable housing across the country, experiences of homelessness cansometimes last an extended period of time. In fact, a federal court found that there is no maximumduration of homelessness (L.R. 2010). Whether a child or youth meets the definition ofhomelessness depends upon the living situation and the individual circumstances. It is a case-specificinquiry.It is important to distinguish between questions of eligibility (i.e., does the family or youth meet thelegal definition of homelessness?) and questions of school selection (i.e., is it in the child or youth’sbest interest to continue attending his or her school of origin?). Due to the extended period ofhomelessness experienced by some students, best interest factors for school selection may change. Itis important to establish eligibility first, then consider best interest in school selection (see Question29). A good practice for many local McKinney-Vento liaisons is to review the housing status ofstudents and their best interest factors at the beginning of each school year to see if circumstanceshave changed.4. What criteria should be used to determine if housing is “substandard”?A: ED has determined that factors to consider in determining whether housing is “substandard”include whether the housing “lacks one of the fundamental utilities such as water, electricity, or heat;is infested with vermin or mold; lacks a basic functional part such as a working kitchen or a workingtoilet; or may present unreasonable dangers to adults, children, or persons with disabilities.” TheDepartment further suggests reviewing state and local housing codes for definitions of substandardhousing (U.S. Department of Education, 2017, A-3; hereinafter “2017 Guidance”).5. Are children and youth who live in trailer homes or trailer parks covered bythe Act?A: Under some circumstances, yes. Under the McKinney-Vento Act, children and youth who live intrailer parks are covered by the Act if they live in the trailer park “due to the lack of alternativeadequate accommodations” [42 U.S.C. §11434A(2)(B)(i)]. Therefore, whether children and youthliving in trailer parks are covered by the Act is a case-by-case determination to be made by the localMcKinney-Vento liaison, in light of the family's circumstances. The liaison will need to consider theadequacy of the trailer home, including the number of people living in the trailer, the condition ofthe trailer, and the availability of running water, electricity, and other standard utilities. If the trailer is6 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSinadequate, it should be considered a homeless situation. The relative permanence of the livingsituation must also be examined: if the family is living in the trailer temporarily, it may not be fixedor regular housing.6. Are children and youth who move in with relatives, friends, or other peoplecovered by the Act?A: Children and youth who are sharing the housing of others due to loss of housing, economichardship, or a similar reason are covered by the McKinney-Vento Act [42 U.S.C. § 11434A(2)(B)(i)].This can include unaccompanied youth who are running away from home, even if their parents statea desire for the youth to return home. It could also include families who move in with others as aresult of an emergency related to a job loss, reduction in work hours or pay, unexpected medicalbills, natural disaster, or domestic violence. Families who share adequate housing on a long-termbasis due to preference or convenience would not be covered by the Act.7. Can children or youth be considered homeless if their parents sent them tolive with other people because the parents are too poor to provide a regularand adequate home? Is the answer the same if the parents do not live in theUnited States?A: Yes and yes. Whether a child meets the definition of homelessness rests upon the child’s livingsituation. A child is eligible for McKinney-Vento services if the child is sharing the housing of othersdue to loss of housing, economic hardship, or a similar reason. Therefore, a child who has been sentto live with others because his or her parents cannot afford to provide regular, adequate housingmay be eligible for the McKinney-Vento Act’s protections depending on the nature of the livingarrangement. Whether the parents live in the U.S. or elsewhere is irrelevant and not a factor underthe law because the question at hand is if the child or youth is homeless (see Question 19 forinformation on immigrant students). Further, the McKinney-Vento Act specifies that the right tochoose between the school of origin and local school remains in effect, “regardless of whether thechild or youth lives with the homeless parents or has been temporarily placed elsewhere” [42 U.S.C.§11432(g)(3)(F)].8. In the event that a parent is urgently hospitalized for illness or surgery and thechild moves temporarily with a relative in another town, should we consider thechild to be homeless?A: Possibly. To make a determination in situations like this, the circumstances and state law must betaken into consideration.If a child or youth is staying with others while a parent is in the hospital for a short term stay of afew days, the student is not considered homeless because the student’s legal residence is still with the7 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSparent in the parent’s home. State law will require that the student attend the school the child oryouth attended prior to the parent entering the hospital because that is where the parent and childhave a legal residence.In some situations, a parent enters the hospital and it is unclear when or if the parent will be able toreturn to the home. In this instance, if the child or youth is therefore forced to go live with someoneelse on an emergency basis, the student would lack fixed, regular, and adequate nighttime residenceand should be considered homeless.9. If parents send their children to live with friends or relatives because they wanttheir children to go to another school, do we treat the children as homeless?A: No. The McKinney-Vento Act provides rights and services for children and youth lacking fixed,regular, and adequate nighttime residence. If children are sharing housing only to attend a differentschool, they are not covered under the Act because they do not meet the definition of homeless. Seealso Question 24.10. Are transitional housing programs considered a homeless situation?A: Yes. The McKinney-Vento Act specifically applies to children and youth living in transitionalshelters [42 U.S.C. §11434A(2)(B)(i)]. This term includes transitional housing programs andtransitional living programs. State Coordinators are also required to “coordinate and collaboratewith operators of transitional housing facilities, and providers of transitional living programs forhomeless youths” [42 U.S.C. §11432(f)(4)(C)]. A federal court affirmed that transitional housingprograms are covered by the McKinney-Vento Act (Bullock, 2002).11. Are children in foster care covered by the McKinney-Vento Act?A: The Every Student Succeeds Act of 2015 (ESSA) removed “awaiting foster care placement”from the definition of homeless children and youth under the McKinney-Vento Act. This change iseffective on December 10, 2016 for most states. It is effective on December 10, 2017 in statesconsidered covered. To be considered a covered state, the state must have a statutory law thatdefines or describes the phrase awaiting foster care placement for purposes of a program under theMcKinney-Vento Act. [ESSA §9105.]After these effective dates, children awaiting foster care placement are not considered homeless,unless they meet other definitions provided under the McKinney-Vento Act [42 U.S.C.8 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONS§11434A(2)(B)]. However, ESSA included new provisions for ensuring the educational stability ofchildren in foster care under Title I, Part A.412. Do child welfare agencies have responsibilities for the school enrollment,attendance, and stability of all children and youth in foster care?A: Yes. These provisions are specified in the Fostering Connections Act of 2008. FosteringConnections includes educational requirements for child welfare agencies for all children in fostercare. Every foster child’s case plan must include assurances that the placement of the child in fostercare takes into account the proximity to the school of origin. The case plan also must consider theappropriateness of the current education setting. In addition, the child welfare agency mustcoordinate with the school to ensure that children and youth in foster care remain in the school oforigin, if it is in their best interest. Child welfare agencies also must ensure immediate enrollment ina new school for youth who will not remain in their school of origin. Finally, child welfare agenciesmust ensure that all education records are provided to the new school.5 The ESSA also includes newprovisions for ensuring educational stability of children and youth in foster care under Title I, PartA.613. Can incarcerated youth qualify for McKinney-Vento protection and services?A: Possibly. McKinney-Vento eligibility must be based on a student’s housing situation anddetermined on an individual basis. If a student was McKinney-Vento eligible prior to incarceration,the student remains eligible throughout the academic school year during which he or she wasincarcerated [42 U.S.C. §722G(3)(A)]. In the case of a McKinney-Vento eligible student whobecomes incarcerated and then released later during the school year, the student remains McKinneyVento eligible until the end of the academic year.See U.S. Department of Education and Department of Health and Human Services Joint Guidance “Non-Regulatory Guidance:Ensuring Educational Stability for Children in Foster Care” (June 2016), available ostercarenonregulatorguide.pdf.4For more information on the education of children in foster care, visit the website of the Legal Center for Foster Care andEducation, at http://www.fostercareandeducation.org.5See U.S. Department of Education and Department of Health and Human Services Non-Regulatory Guidance: EnsuringEducational Stability for Children in Foster Care, (June 2016), available ostercarenonregulatorguide.pdf.69 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONS14. Does incarceration qualify youth for McKinney-Vento services?A: No. Children and youth who are incarcerated for a violation or alleged violation of a law shouldnot be considered homeless based solely on their incarceration status (see Question 13). Incarceratedstudents may be eligible for other, non-homeless, services under Title I, Part D Neglected andDelinquent programs. Note that children and youth residing in shelters or other homeless situationsafter leaving detention centers are covered by the McKinney-Vento Act.15. Does the family’s/youth’s income affect whether they are covered by theAct?A: Generally, no. The Act’s definition of homelessness centers on the student’s living arrangement.There are no specific income limits in the definition. Income is vaguely referenced in the context ofchildren and youth “sharing the housing of others due to loss of housing, economic hardship, or asimilar reason.” Therefore, in determining whether shared housing meets the Act’s definition, it maybe appropriate to consider the family’s or youth’s financial resources [42 U.S.C. §11434A(2)(B)(i)].However, there are circumstances in which relatively affluent families may be considered homelessunder the Act, such as families fleeing domestic violence or displaced by disaster.16. Are students displaced by a disaster covered by the McKinney-Vento Act?A: Yes, if they meet the eligibility requirements under the law. Students who lack a fixed, regularand adequate nighttime residence due to a disaster (earthquake, hurricane, tornado, flood, chemicalexplosion, terrorist attack, etc.) may be considered homeless under the McKinney-Vento Act. Theyare entitled to the same legal protections and services as other students experiencing homelessness.717. What are some identification strategies to locate children and youthdisplaced by disaster?A: Collaboration and coordination with local relief agencies and emergency and disaster responseteams are critical for identifying displaced children and youth. Building such relationships anddeveloping standard operating procedures for communication prior to a disaster will help ensurethat relief agencies and schools work together during and after a disaster. Identifying children andyouth who are not receiving shelter from relief agencies can be a greater challenge. Visiting motels7The National Center for Homeless Education has many resources related to homeless education and natural disasters, athttps://nche.ed.gov/ibt/dis prep.php. Additional information is available athttps://www.nlchp.org/documents/Homeless Education Advocacy Manual Disaster Edition.10 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONSand placing flyers or brochures about the local McKinney-Vento program on the windshields of carswith out-of-state license plates may be helpful. Ongoing awareness and identification strategies, suchas posters, trainings, and outreach to public assistance and community services agencies, will alsosupport efforts to identify children and youth displaced by disasters.18. Are migrant students covered by the McKinney-Vento Act?A: Yes, migrant students are covered by the Act if they are living in a homeless situation [42 U.S.C.§11434A(2)(b)(iv)].819. Are immigrant students covered by the McKinney-Vento Act?A: Yes. Immigrant students are covered by the Act if they are living in a homeless situation.Undocumented students have the same right to public education as U.S. citizens (Plyler, 1982).Therefore, the McKinney-Vento Act applies to them in the same way it would apply to any student;if the student meets the definition of homeless, he or she must be enrolled in school immediately,even if lacking documents typically required for enrollment.A child’s or youth’s immigration status is irrelevant. In fact, it is illegal for school staff to inquireabout a student’s or family’s immigration status, request immigration documents, or to take anyother related actions that might prevent immigrant students from enrolling in and attending school.920. What ages does the McKinney-Vento Act cover?A: There are no age limits cited in the McKinney-Vento Act. Generally, it applies to children andyouth age 21 and under, consistent with their eligibility for public education services under state andfederal law. State laws vary, but generally provide access to all students until high school graduationor its equivalent, or until age 18 (or over in some states). The McKinney-Vento Act also applies tohomeless preschool-aged children and requires liaisons to ensure that they have access to andreceive services, if eligible, under LEA-administered preschool programs. 2017 Guidance. Forspecial education students, federal law provides the right to access services until age 22 [20 U.S.C.§1412(a)(1)(A)].More information on applying the Act to migrant students is available at https://nche.ed.gov/downloads/briefs/migrant.pdf andhttps://nche.ed.gov/downloads/briefs/imm lia.pdf.8See e.g., U.S. Dep’t of Justice & U.S. Dep’t of Educ., Dear Colleague Letter (May 8, 2014), available rs/colleague-201405.pdf. More information on applying the McKinney-Vento Actto unaccompanied immigrant youth is available at 1 NAEHCY & NLCHP, 10/2017.Reprinting and dissemination are authorized. Address questions/comments to info@naehcy.org or email@nlchp.org.
THE MOST FREQUENTLY ASKED QUESTIONS ON THE EDUCATION RIGHTS OF CHILDREN AND YOUTH IN HOMELESS SITUATIONS21. If a student experiencing homelessness was not identified by the schooldistrict as McKinney-Vento eligible until the student found permanent housing, isthe student entitled to McKinney-Vento supports and services for the rest of theschool year?A: Yes. McKinney-Vento provisions are retroactively applicable in cases where a student was notidentified as experiencing homelessness until later during the school year, when the student foundpermanent housing. In this scenario, the school district has an ongoing obligation to identify andcollect data on homeless students throughout the year [42 U.S.C. §11432(g)(6)(A)(i)]. A homelessfamily, who later finds permanent housing during the school year, is entitled to stay in that sameschool until the end of the year – regardless of whether the student was identified later during theyear [42 U.S.C. §11432(g)(3)(A)(i)].22. What are an LEA’s responsibilities for advising families and youth about theirrights if they do not identify or consider themselves as homeless?A: Families and youth in homeless situations frequently will not identify themselves as such. Thismay be due to the stigma and prejudices associated with homelessness or because the youth orfamily does not recognize that the living situation would be considered a homeless situation underthe McKinney-Vento Act. Indeed, most families and youth are likely unaware of the McKinneyVento Act. Therefore, schools must ensure that families and youth are aware of the Act, who itcovers, and what it provides [42 U.S.C. §§11432(g)(6)(A)(i), (v)]. The Act requires LEAs todisseminate public notice of the education rights of children and youth in locations frequented byparents and guardians of homeless children and youth and unaccompanied youth. This shouldinclude schools, shelters, public libraries and soup kitchens, and be in a manner and formunderstandable to the families and youth [42 U.S.C. §11432(g)(6)(A)(vi)]. Identification and outreachstrategies must be conducted sensitively and without stigma, to create an environment in whichfamilies, children and youth will be comfortable seeking support [42 U.S.C. §11432(g)(1)(J)(i)].Once a school has explained the rights available under the McKinney-Vento Act, families or youthmay choose not to take advantage of McKinney-Vento services, at their discretion. The liaisonshould ensure the families or unaccompanied homeless youth know they may request assistance at alater date, if their decision should change. The LEA should also count all children and youth whohave been identified as homeless in their data collection, even if services are not provided. 1010Strategies for identification, creating awareness, and disseminating notice are available ion.pd
youth", "children and youth experiencing homelessness" and "children and youth in homeless situations" are used interchangeably in this document, along with the legal phrase "homeless children and youth," to emphasize the fact that homelessness is a temporary, dynamic experience, and not a static condition or fixed group of people.
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Apr 14, 2020 · Coronavirus: Frequently Asked Questions? This is important information for you about coronavirus (COVID-19). . People have asked us lots of questions about coronavirus. We call these Frequently Asked Questions (FAQs). We answer many of